What should I do if my rental car has defects upon pickup?
January 11, 2024 | 40,00 EUR | answered by Sophia Breitwieser
Dear Travel Law Attorney,
I am Ludwig Friedendahl and I recently booked a rental car for my vacation in Spain. However, upon taking possession of the vehicle, I noticed that it has some defects that were not disclosed to me beforehand. Among other things, the air conditioning is not working properly and there are scratches on the bodywork.
I am concerned as I fear that I could be held liable for these defects even though they were not caused by my fault. Additionally, these defects affect my comfort and could negatively impact my vacation.
What are my rights in this situation and how can I proceed to rectify the defects on the rental car? Is there a way to cancel the contract or reduce the rental price? What steps should I take to protect my interests and find a solution to this problem?
I thank you in advance for your assistance and advice in this matter.
Sincerely,
Ludwig Friedendahl
Dear Mr. Friedendahl,
Thank you for your inquiry regarding the defects in the vehicle you rented in Spain. It is understandable that you are concerned and worried about your rights and your vacation. In such cases, it is important to know what steps you can take to remedy the defects and protect your interests.
First and foremost, it is important to mention that as a consumer in a rental agreement, you have special rights that protect you from unreasonable liability claims. According to legal regulations, vehicle rental companies are required to deliver the vehicles in a roadworthy condition. This means that any defects present at the time of handover or that occur during the rental period must be rectified by the rental company.
In your case, since the air conditioning is not functioning properly and there are scratches on the bodywork, these are defects that were already present at the time of vehicle handover. It is important that you document this, preferably through photos or videos, to have evidence of the vehicle's condition.
The next step is to promptly inform the rental company about the defects. You have the right to set a reasonable deadline for the defects to be rectified. If the rental company does not respond or the defects are not rectified within a reasonable time frame, you can consider a rent reduction or even a contract termination. In some cases, you may also be able to claim damages if the defects affect your vacation.
It is advisable to document all communication in writing to be able to provide evidence in case of a dispute. If the rental company is uncooperative, you can also seek legal advice and, if necessary, take legal action.
I hope this information helps you and that you are able to successfully remedy the defects in your rental car. If you have any further questions, please do not hesitate to contact me.
Best regards,
Sophia Breitwieser
Travel Law Attorney
